Grand Theft Taco
Grand Theft Taco
ARRESTED IN HIS OWN DRIVEWAY
A major crime wave curtailed by Sheriff’s top Field Training Officer
Adrian Heath | September 27, 2009
It is difficult to come clean about a habit I have, a dark addiction. I love bacon and egg tacos. That unbridled hunger got me arrested by MCSO in my own driveway, the charge is the terrible affront to the peace and safety of the good people of Texas know as Failure to Identify.
Here is how I was brought to justice.
Justice is turned back,and righteousness stands far away;for truth has stumbled in the public squares,and uprightness cannot enter.Isaiah 59:14 (ESV)
My 20 year old son David arrived home from work around 11:40pm on Friday September 25th 2009.
My son was hungry.
THE MISSION
The Scene of the Crime
After negotiating about who would go and buy the desired meal ( not who would pay, Dad pays) it was agreed that I would go to Taco Cabana on 242. The mission, get 3 (three) steak fajita tacos for David and 1 (one) bacon and egg taco for my self – side mission pick up a six pack of imported beverage to wash them down.
OPERATIONS
23:40 Suspect ( that’s me your reporter) drive toward SH 242 via Lake Woodlands drive, observes darkened SD unit in Shadow Bend park ( reflects on donut abuse ).
23: 48 PM suspect buys 6 pack of imported (regulated beverage) at Shell CNR Gosling & 242 without incident.
23:56 PM The suspect arrive at the drive through speaker at taco cabana.
Suspect delivered verbal order to unknown cashier 3 steak fajita tacos and 1 bacon and egg taco.
Cashier informs suspect “We don’t make bacon and egg tacos until midnight“ and abruptly ads “do you want to wait”
Irritated suspect responds “OK then” while he notices the warm and welcoming sight in his immediate field of
Where is the food you bought from Taco Cabana?
vision to the east, WHATABURGER.
Suspect contemplates the rude commands by TC cashier to move forward and realizes he can have all the bacon and egg tacos he wants right now at Whataburger who’s embargo on such delicacies ends at 23:00 as opposed to the draconian schedule of Taco Cabana
Which mandates 24:00 hrs
00:01:22 Flash forward to the next day. ( 5 minutes later that is.)
Suspect leaves Whataburger window with 4 fresh steaming hot bacon and egg tacos, 2 with cheese, 2 without cheese.
00:07 Suspect arrive at place of residence and notices darkened SD patrol car parked in front of a very upstanding neighbor’s house, wonders “what did he do” as he pulls into his own driveway.
00:08 Suspect exits SUV with wallet and keys in one hand grasping bright orange Whataburger sack with receipt attached while clutching plastic sack containing valuable imported beverage well know to some and recognized by the commercial exhortation to “Stay thirsty my friend”.
Simultaneously, SD patrol car swings around to suspects driveway and Field Training Officer, Deputy Mike 
Uber greets suspect with inquiry as follows.
FTO: “Were you just at the Taco Cabana and you left without paying for you order?” And scanning around looking for THE evidence- “Where is the food you bought”
SUSPECT: er um no, that guys lying, I just went through the drive through at 11:54 and ordered a bacon and egg taco and the guy told me ” we don’t make tacos until midnight and I saw the Whataburger next door and so I went over there and bought my food.
FTO: that’s OK we have a unit going to the scene of the crime now and we will see if you story is straight. Let me see your ID!.
SUSPECT: No. -while setting food in a BRIGHT ORANGE BAG and precious imported beverage on ground and placing wallet and keys in pocket.
FTO: Its an offense to refuse to identify, I will have to arrest you.
SUSPECT: OK – while turning around in submission offering arms crossed behind his back.
FTO: Turn around.
SUSPECT: Turning back to face FTO.
FTO: I need to warn you if you refuse to identify yourself its an offense I can arrest you do you understand?
SUSPECT: You were here when I got home, OBVIOUSLY you know who I am, here standing in my own driveway.
FTO: Are you going to show me your ID?
SUSPECT : NO.
FTO: Turn Around
00:15 FTO takes suspect into custody. Leads suspect to patrol car and removes suspect’s wallet from pocket, then current ID from wallet. Replaces wallet in pocket.
Ergonomic issues must be address by the Woodlands Township Crime Task force
FTO places suspect in back seat of patrol car and says ‘I’m going to call the DA” as he shut the door.
SUSPECT: – no comment – thinks, great maybe Brett will begin to take my calls now.
From: “Grant, Phil” <phil.grant@mctx.org> To: District Attorney Employees <DistrictAttorneyEmployees@mctx.org>
Date: Thu, 6 Aug 2009 11:12:29 -0500 Subject: Adrian Heath
All phone calls from an Adrian Heath need to be immediately referred to me regardless of the matter the subject matter or who he requests to speak with.
Thank You Phil Grant
FTO: Long windy conversation via cell phone at rear of car goes on forever, the only audible comment inside the cab was “Yeah, that’s him! Then more waffling and murmuring.
SUSPECT: Thinking- Note to Nelda Blair.
1.SD patrol cars dedicated to the Woodlands have insufficient leg room. Get this issue on the agenda pronto!
2. Nelda needs to get the township to hire another consultant, some artsy fartsy type who can redesign these handcuffs for more comfort.
MCSO Radio: ….. blah blah…. …. Adrian David Heath… clear all the way…..blah blah.
SUSPECT: Thinking to himself – This is awesome, all those Township dollars we spend for extra deputies on duty to protect us from crime like home invasions, rapes murders, vehicle theft, breaking and entering, robbery… here it is at work right before my eyes.. man are we lucky to have such good people like Nelda Blair and Alex Sutton spending our tax money for us…. Much better than the commissioners court which wants to fund $2 Million dollar dog houses and pay 10 full time dog lovers to care for strays. Nelda’s plan is really working….. I have been apprehended at last. We can all breath a huge sigh of relief. After all..who know what would have happened next? And that Deputy… such sound logic…and expert training in action…. Arrest this numbskull in his own driveway… maybe he will get a commendation… maybe Nelda will honor the MCSO at the next meeting… yeah… Nelda will get a great photo opp and I bet they can get Don Norrrell to order a $670.00 press release be written. I mean this is really something, and my arrest can be listed among all the important statistics that the board reviews every month like the Mounted Patrol petting stats.
Oh boy, The Township Board, they really know what is important. Oh if only the board was festooned with leaders like that. Oh the joy.
They spend millions to get good statistics like …
In June there were 7,419 horse pettings and 357 pictures taken with Mounties.
In May 8,797 horse pettings.
Year To Date Horse Pettings were 25,425
Citizens arrested for sweet nothing in their own driveway = 1 YTD = 1
Maybe news of this will actually go towards keeping them in office forever, even the appointed ones. One can only hope.
FTO: returns to cab and logs onto laptop.
SUSPECT: To self : Wow this is Just like Judge Sadler, I hope I can get the dash cam recording posted on MontgomeryCountyMonitor.Com
SUSPECT: Can you logon to the state and county website with that thing.
FTO: Huh?
SUSPECT: Did you speak to Brett?
FTO: What?
SUSPECT Brett Ligon, did you speak to…..
FTO: Brett Ligon is the district Attorney. …. The cashier made a mistake. No theft occurred. I am giving you a ticket for failure to identify. This is the first failure to identify I have done. ( In ten years as a peace officer.)
SUSPECT: Are you going to give that guy a ticket for making a false report?
The Charges
FTO: We are explaining the law to him… he just did not understand that an actual transaction has to take place.
SUSPECT: Thinking, great.. how very accommodating, be fair the to guy who called the false report, Arrest and ticket the victim. Boy, I think Sheriff Gage and Deputy Uber need a little training in the meaning of the term to “protect and serve” – it means to protect and serve the citizens you serve… as opposed to protect and serve the state or procedure, or your own ass.
SUSPECT: Thinking – Note to self
Send Sheriff Gage and Deputy Uber a copy of
1.THE COUNTY SHERIFF America’s Last Hope
2. The Constitution of The United States
3. Ask The Sheriff if we can present The Institute on the Constitution to the entire Sheriffs department. We have been showing it along with Montgomery County Eagle Forum and the folks are loving it. And we do want our Sheriff to serve us and protect our God given liberties.
00:40 Deputy Uber issued the suspect with a ticket for failure to identify and released suspect to the wild.
……… and that is to the best of my memory how the bust went down.
We will wait for the dash cam video if available to get the whole story.
For those of you who question weather you are compelled to identify your self to anyone while standing in your own driveway, I offer you Section 38:02 of the Texas Penal code which states as follows -
Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
also, Current law makes it a crime when detained people intentionally mislead police about their identity. It’s also a crime to refuse to provide one’s identity after being arrested. But it’s still legal in Texas for people to refuse to identify themselves as long as they haven’t been arrested.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.38.htm#38.01
http://www.lubbockonline.com/stories/041609/sta_429768083.shtml
RESOLUTION
MCSO erred in two matters
1. They unlawfully detained a citizen without probable cause and then ticketed him for good measure.
2. They failed to ticket the cashier for filing a false report.
Both these need to be rectified with apologies from all concerned verbally and in writing.
Maybe the Township will take up for a wronged citizen.
Now that would be justice.
========================================
One would think Montgomery County’s finest would have real criminals to deal with instead of spending taxpayer money harassing law abiding citizens.
I can’t believe any cop would do this. There was no evidence (no T C food), there was no crime (should have been confirmed by dispatch), cuff marks are only left if you slap them on or don’t lock them after they’re on (I’d only do that if they were resisting and really pissed me off).
I also can’t believe the ADA would allow the ticket to be written, as the law looks pretty clear.
I guess we should all drop by TC before midnight and order breakfast tacos. Maybe just calling the general manager and voicing our concern of the lack of training given to the employees and their lack of courtesy.
Next time offer the cop one of your beverages.
I sure hope a certain suspect considers filling suit against said officer for everything he possibly can.
I don’t think we should waste our time trying to educate the TC employees and pursue them to be more courteous. But we sure as Hell need to worry about why officers are ignorant of the law.
I am so sorry you had to go through that ordeal. Hopefully many will see what a joke the Montgomery county sheriff’s department is. Should we organize a protest at the Sheriff’s office? What can we the people do to ensure justice?
Adrian Heath writes an interesting report by someone (himself) who knew they were not guilty of anything.
How about those who might have driven 28 mph in the 20 mph zone on the way home, have a just expired sticker, did not look like they lived in the neighborhood and did not know the policeman or neighbor, took a swallow from one of those imported beverages before they got out of the car when they got home, etc.? How about people who have done something more seriously wrong?
Police never know how people are going to react to the questions they ask to determine the situation. They are vulnerable to attack to themselves physically and/or their reputation if they make wrong decisions.
The public do not know what police are going to ask, most of us have queasy feelings if we are stopped.
We live in a special nation that values it’s citizens and the law. We need to encourage the best from all of us. There should be consequences to stores and/or restaurants reporting crimes that have not been committed as there are consequences to police and to people who are questioned. I pray for police to protect us and themselves with caution, sensitivity and intelligence.
Well I smell a lawsuit and the DA needs to prosecute the Sheriff for false imprisonment, false arrest and probably 2-3 other issues…. if he does not, they his arse will be leaving the same way it got there.
.
If the apply equally the law to all concerned, it is apparent of the facts, and you don’t go popping off and arresting people and violating their rights, mistreating them and making false accusations… it does not matter who you are. and why Sadler is still in office… stinks up the “democrat” mentality of the alleged Montgomery Republican Party, why they have not pulled his butt speaks volumes of what the MRP is made up of.. too harsh? NO REALITY.
[...] Woodlands resident Adrian Heath was recently detained with handcuffs in his own front yard for allegedly stealing food from a local Taco Cabana (see Heath’s account here). [...]
So, when are you going to the Whitehouse for a beer?
Here is the link to KIAH 39 report
http://www.39online.com/news/local/kiah-taco-story,0,1826920.story
Spoke to Sheriff Gage yesterday who promised to investigate and call me back today.
The police don’t need probable cause to detain. Sounds like you have a big chip on your shoulder.
Eric,
Its a huge chip.. but I was not complaining about being detained, I Am complaining about being arrested for nothing and ticketed for a non crime, additionally no ticket has been issued to the true wrong doer.Eric, no deputy..especially an experienced training officer has no need to immediately begin processing every encounter with the public as if they are a criminal…. and what about determining if a crime has actually occurred first?
Adrian
From a director of an Austin base taxpayer group-
This is utter nonsense and completely insane. Good job exposing the MCSO.
From a county board member
I think you should file a civil lawsuit.
From a director of an Austin base taxpayer group-
This is utter nonsense and completely insane. Good job exposing the MCSO.
From a county board member -
I think you should file a civil lawsuit.
From an east county resident-
Adrian,
You be careful out there. Late night tacos can be a hazard to your health. Remember a contract deputy is a wanna be cowboy that couldn’t make it in the real world of patrol. He probably spent most of his time working in the jail where noboby did what he told them. He was itching for some real crime to supress and like our president was ready to shoot and ask questions later. Remember after 48 hrs very few crimes are solved so he knew he had to act fast.Once a taco is stolen the clock is ticking. Why wait to make a report and find out what really took place. He might have been worried about the suspect swallowing the evidence.
From my favorite Pastor -
Adrian,
That’s CRAZY! Wow… I hardly know what to say… you are an excellent writer – you really know how to tell a story! You’re like a conservative “Michael Moore” … J
It appears you intentionlly caused this situation with your attitude. Maybe because you live a boring life and needed something to write about. Maybe you don’t like law enforcement and certainly don’t appreciate that they have an almost impossible job. Why would you not identify yourself if you did nothing wrong? Law Enforcement acts on the best information available at THAT MOMENT. Should you not have acted like a wanted felon this whole thing would have gotten cleared up pretty quick. I’m sure they will deal with you again….
I can say I intentionally stood for what I believe to be my protection under the law.
Also, deputies are required to operate under the law, even you John are net compelled to cough up your ID on demand. That is why the Sheriff corrected the matter and apologized and also why the D A refused to press. If you are arrested you do need to identify yourself, that will stand until fascist thought permeates our culture. be part of the solution. not part of the problem.
http://countycitizen.com/?p=1581
Adrian good for you. My teenage son is also a victim of Officer Uber’s own interpretation of the law. Unfortunately as a minor you are guilty and good luck proving otherwise. It has been 3 months of total hell and there seems to be no end. The Juvenile Probation department makes their own rules and one is forced to abide. You are so lucky you have the media as an outlet to get attention. We are not so lucky. The treatment we have had is basically being told we are liars. I would love to get our story out there like you were able to do for yourself.
I always knew my little brother would end up on the wrong side of the law.